Introduction

Knowledge guides our actions and oftentimes, the absence of it does same with varying consequences.

A prime example of this is the committal of several offences by juveniles on the ground that minors cannot be arrested and prosecuted.

There have been cases, like the #EndBadGovernance protests, where minors were arrested and charged, sparking debate and calls for better adherence to child justice laws. The question then is, can a Minor be arrested and if yes, what are the procedures to be followed?

Who is a Minor?

Criminal Liability of a Minor Under the Nigerian Law

Liability is the state of being legally responsible for an action. Criminal liability is the legal responsibility for the committal of a crime. Under the Nigerian jurisprudence, criminal justice is governed by the Criminal and Penal Code for the Southern and Northern parts of the country respectively.

Section 30 of the Criminal Code states that;

“a person under the age of seven is not criminally responsible for any act or omission. A person under the age of twelve years is not criminally responsible for any act or omission, unless it is proved that at the time of doing the act or making the omission, he had capacity to know that he ought not to do or make the omission.”

The Penal Code in Section 50 goes thus;

“No act is an offence which is done – (a) by a child under seven years of age; or (b) by a child above seven years of age but under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of that act”.

These provisions of law only explicitly absolves children under the age of seven of criminal liability. If it can be sufficiently proven that any child within the age range of seven to twelve had capacity to understand an act or omission then, that child can be held liable for such offence. The test of capacity however, is limited to children aged seven to twelve. Any child above the age of twelve who has committed a wrong can be held liable for it if the ingredients making up that offence are present in such act.

The Criminal Laws of Lagos State (2015), applicable in the state of Lagos however, has a stricter view on the criminal liability of a child.

According to Section 30 of the aforementioned law, criminal liability falls strictly on only children aged ten and below increasing the age of Doli capax (capacity to do wrong) from age seven as provided in the Criminal and Penal Code to age ten. 

Trial of a Minor

When the liability of an individual has been established, following arrest by the necessary authorities, the next step is arraignment before a court of law. The prosecution of a minor cannot be carried out in the same form as that of an adult as it focuses on rehabilitation rather than retribution.

Part XX of the Child Rights Act (2003) focuses on Child Justice Administration. It prescribes the systems put in place to help ensure that the aim of rehabilitation is achieved with the best interest of the child at heart.

Section 204 of the Act provides that a child shall be subjected only to the Child Justice System and Processes set out in the Child Rights Act. It even provides for the establishment of a Specialized Children Police Unit to be trained specially for the prevention and control of child offences, apprehension and investigation of child offenders and any other functions by the Act or by regulations made under the Act and other enactments (see Section 207).

The Act gives the court jurisdiction to try minors where other means of settlement have been tried or deemed unable to resolve such situation. The Act charges the court via Section 215(1)(a) to ensure the proceedings are conducive to the best interests of the child and trial is conducted in an atmosphere of understanding which allows the child to participate therein and express himself freely. For this reason, Court proceedings which generally are open to the public can be closed where a minor or minors are involved.

Sentencing a Minor

Notwithstanding anything in the Act to the contrary, Section 222 provides that where a child is found guilty of certain offences such as treason, murder, robbery or manslaughter or causing grievous harm to another intentionally, the court may direct the detainment of such child.

While Nigeria is bound by international treaties, including the United Nations Convention on the Rights of the child, which mandates that children should not face harsh penalties or be subjected to adult legal processes, the Child Rights Act, 2003 has expounded on child justice systems elaborately with the interest of the child as its focus. 

Conclusion

While people under the age of eighteen are entitled to special protections, they can still be arrested when necessary. Although the child rights act provides child-friendly procedures such as the involvement of guardians and prioritizing rehabilitation as the Act was drafted with the purpose of protecting the best interest of a child in any action taken by an individual, public or private body, institutions or service, court of law, or administrative or legislative authority, necessary actions will still be taken in the case where a crime has been committed and the law is required to take its course which could lead to an arrest, trial and if necessary, detainment.

Written by Samuel

Edited by Onyinyechi Ezeoke